Penalties for Violating a Restraining Order in California

By
Maas Law Offices
|October 03, 2013

If you have been accused of stalking, harassing or assaulting another person,
they may take measures to file a
restraining order against you—which is also known as a protective order or order for
protection. In most cases, this court order will prohibit you from coming
into contact with that person, being within a certain distance of them
or their residence and/or possessing a firearm. While the specific details
may vary from case to case, it is always true that intentionally violating
the order could result in criminal charges. Depending on the nature of
the violation and the number of times that you have been convicted for
this offense, you could either be charged with a
misdemeanor or a
felony—the penalties for which may include, but are not limited to, the
following:

First Restraining Order Violation

Typically, a first-time restraining order violation will be prosecuted
as a misdemeanor. This could result in up to one year in jail and a $1,000
fine, but the judge will generally hand down a more lenient sentence if
the violation was not violent in nature.

Second Restraining Order Violation

If you are convicted of a second restraining order violation within seven
years, and the violation involved an act of violence or credible threat,
the case could be prosecuted as a felony. This could result in up to three
years in prison and a $10,000 fine.

If you have been accused of violating a protective order in California,
you should not hesitate to get in touch with a
Solano County criminal defense attorney at Maas Law Offices as soon as possible. Not only could you be facing
time in jail, but your reputation could be irreparably damaged. Even if
you did not intend to violate the terms and conditions of the restraining
order, you could still be convicted. For this reason, it is highly recommended
that you entrust your case to a skilled legal professional as soon as
any such allegations are made against you. In doing so, you may be able
to build an effective legal defense against your charges. The good news
is that it would be an affirmative defense to prosecution under California
Penal Code § 273.6 that:

The judge did not legally issue the restraining order

You were unaware of the restraining order

You did not intend to violate the restraining order

You were falsely accused of violating the order

If you are interested in finding out how a Solano County criminal defense
lawyer from Maas Law Offices can help you fight these charges,
contact our firm today for a free consultation. You can either call at (800) 483-0992 or
submit a free case evaluation form online.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.